The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-03-09

Slulng ouiceI Lnereoi, ana was not signed Oy the
presiding officer of the Senate, as required by
the Constitution, and did not purport to be
signed by the presiding officer OF the Senate.
, The constitutional provision which provides
that all bills and joint resolutions passed shall
be signed by the presiding officers of the respect
i've Houses does not mean some person who is
claiming to be legally entitled to preside, and
who is not presiding, but in my judgm means
the officer or person who is actually presiding
and diseharging the duties Of the position.
There might be two members of the House
each claiming to have been legally elected
Speaker, and in that case the Executive would
undoubtedly have to recognize the signature of
the member who was actually presiding, and
whom the House recognized as its presiding
officer. ~
Iti not the province Of the Executive to de.
eide who is entitled to preside in either House.
The Executive possesses no such power or
authority. When the Executive is notified BY
each House OF the General Assembly that il is
duly organized, ready to receive communica-
uons and transact business, the Executive must
recognize the organization so reported, and has
no right TO recognize another. The ergrniza-
ton reported to me bya committee from each
House on the 9th day of January, 1887 has re-
mained unchanged MP to the present time, and
has been recognized by each House in
the passage through each HOuge of
present presiding officers of each House and
approved by me, among which are the bills ap-
pIopriating SIS, ,Ooo for paying the mileage and
per diem OF the membe and other expanses of
the present General Assembly; for the reOrgan-
ization and maintenance OF the Soldiers and
Sailors Orphans Home; for the payment of
izing certain cities to issue bonds.
The present organization of the Senate
has been further recognized by the passage
OF the present week of number OF Senate bills
and other measures. The members of each
house have, from the organization of the Gen.
eTal Assembly, drawn their mileage and per
diem upon certificates signed by the present
presiding officer OF their respective houses
II l had approved the bill in the form in
which IL was presented to me by the House,
there certainly would have been no question as
to its invalidity. No court could possibly hold
that II was signed by the presiding officer of
each house when the entire record of the SEN
ate shows that Alonzo G.. Smith, and no one
else, is the presiding officer OF the Senate.
can not sanction proceeding which would
inevitably prevent the bill from becoming a
law, and believing that the soldiers and sail
ors of Indiana and the people generally desire
the legal passage OF the bill providing for the
erection OF q soldiers and sailors monument, /
have caused the bill to be transmitted TO the
Senate, and ii has been returned to me for ap-
proval signed by the presiding officer and Sec
retary of the Senate.
to be deposited in the Office of the Secretary OF
state.
Csigned) ISAAC P. GRAY,
Governor.
1t being thus shown that three judges Of
the courts, that the Governor, the Auditor
of State, the Treasurer of State, Mr..
House Of Representatives had recognized
Mr.. Smith as President of the Senate, both
before and after the 25th day of February,
it remains for The Republican plotters in
this conspiracy to give some reason why
they organized and lead at the front, on
the 9th day of February, an attrocious
and utterly lawless attack upon the Gov
eminent of the State, an attempt by force
to revolutionize the Government, and to
rsl1o - IL
the law-making power from proceeding in
the peaceable, quiet, orderly discharge of
Its duties as such. And 1t would be we'll
enough to recollect, also, that this attack
upon the Senate was made in the interest
of a claimant who had never, at any time,
TesOrted to the courts to assert his rights or
sanction his authority; one who had con.
siantly refused and declined to submit the
question of his claims to the judgment OF
the courts, and had taken refuge in the
fact merely that he was q resident
OF Allen County and that the courts
Of the capital of the State could
not hold him to answer for his attempted
acts of arbitrary usurpation. Notwith-
standing all this, after the passage of the
resolution of obstruction by the insurgent
faction, which constituted the majority OF
the House, the Democrats of the House
and Senate made every effort and left
nothing undone TO adjust in some peace
able manner, upon the merits, the question
at issue between the two parties. Mr..
Jewett introduced resolution offering to
disregard every other question in the case
ano to submit it alone upon the right of
the claimant under the election in 1886 to
discharge the duties OF the Office of the
President OF the Senate:
Whereas, At the general election held
November 4, 1884, Mahlon d. Manson was
elected Lieutenant-Governor of this State
and afterward qualified and discharged the
duties of such office; and
Whereas, Prior to the last general elec-
ton, November ?, 1886, said Mahlon d.
Manson had ceas ed to be Lieutenant-Gov-
ernOr of this State; and
Whereas, at the general election, No
vember 2, 1886, the electors of Indiana
voted for candidates for the Office of Lieu
nt-Governor, and Robert S. Robertson,
citizen of this State and eligible to said
office, received the highest number of votes
for said Office, and has been declared elected
thereto by the Speaker of the House
of Representatives, and has taken
the oath of office as Lieutenant
Governor; and
Whereas, The Senate of Indiana denies
the right of said Robertson to act as Lieu
tenant-Governor and to preside over the
by the Senate that at the last general
election no vacancy existed in the Office OF
Lieutensnt-Goyernorw which could be filed
at such election; and
Whereas, The question as to whether
there was or was not vacancy in the Office
of Lieutenant-Governor that could be
filled at the last election threatens
to seriously endanger the welfare and
credit of the State, and to hinder and pre-
vent legislation at the present session of
General Assembly; therefore,
Be it resolved by the House of Represen-
tatives, the Senate coucurring:
/. That it is the sense of this General
right of said Robert S. Robertson to such
Office should be determined at the earliest
day possible by the Supreme Court.
3. That in order to secure decision
thereon a case should at once be made up
which will fairly present such question,
and the same be forwarded with all possible
dispatch, to final decision.
3. That such case should limit the de-
cision of the Supreme Court to the single
question as to whether there was, at the
last general election. any vacancy in the
Office of Lieutenant-Goyernor which could
be filed at such election, and that all
question as to the manner of canvassing
the vote and declaring the result should be
waived or admitted in favor of said Rob-
ertson.
This resolution was received with jeers
and absolutely rejected by the insurrec-
tionists who held seats in the House.
In the other branch, Senator Bailey,
Democrat, introduced resolution offering